Bruid v. McVickar

The record shows that the plaintiff knew that the defendants were acting as agents for the landlord. Her cause of action with respect to the money paid by her, if she has any, is, therefore, against the landlord and not against the defendants. Cooper v. Tim, 16 Misc. Rep. 372.

• It follows that the judgment must be reversed.

Present: Beekman, P. J., Giegebich and O’Gobman, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.